Canon & Civil Law
Diritto Canonico E Civile · 333 articles · Principal contributors · All subjectsParticular Questions (Questioni particolari)
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Abdication (ABDICAZIONE)
ABDICATION. - This word, which in ancient Roman law served to indicate every kind of renunciation, and later took on the specific meaning… -
Abduction (Matrimonial Impediment and Crime) (RATTO (IMPEDIMENTO MATRIMONIALE E DELITTO DI))
ABDUCTION (Matrimonial Impediment and Crime). - I. NOTION. - In its proper etymological meaning the term r. (from the Latin rapere) implies… -
Ablegate (ABLEGATO)
ABLEGATE. - This name designates an ecclesiastic appointed by the Pontiff to carry out particular missions, such as: 1) bringing the… -
Absence (ASSENZA)
ABSENCE. - In legal language the term a. is sometimes taken in the common meaning of non-presence, and sometimes instead in a special… -
Abuse (ABUSO)
ABUSE. - It is the unlawful, unreasonable use of a thing or of a right. Moral theology has not so far elaborated a true doctrine of abuse;… -
Accession (ACCESSIONE)
ACCESSION. - Accession can be defined as an original mode of acquiring property through the incorporation or addition to one's own thing of… -
Accusa
ACCUSATION. - In its most proper meaning it is the act by which someone is brought before the competent judge so that he may answer for a… -
Active and Passive Voice (VOCE ATTIVA E PASSIVA)
ACTIVE AND PASSIVE VOICE. - Legal term indicating the right belonging to the members of a society to cast their own vote on questions… -
Actor (ATTORE)
ACTOR. - In procedural law, this term (from Lat. actor) designates the person who brings others before a court, that is, the party who… -
Ad Beneplacitum Nostrum
AD BENEPLACITUM NOSTRUM. - It is a clause sometimes used in rescripts or in other ecclesiastical measures, with a value equivalent to the… -
Ad Metalla
AD METALLA. - The sentence to forced labor in the mines ad metalla was, after the death penalty, the most severe punishment, and was… -
Admission (AMMISSIONE)
ADMISSION. - The name of the supreme god of the Egyptian pantheon, later also of the Greco-Roman world. The Egyptian name is Amūn, which… -
Admonition (Latin: Monitio) (AMMONIZIONE (LAT. MONITIO))
ADMONITION (Latin: Monitio). - A word used in canon law to designate the more or less solemn act by which the ecclesiastical superior calls… -
Ad Nutum
AD NUTUM. - In current canon law, ecclesiastical offices are called conferred a. n. when their holder can be removed at the discretion of… -
Adoption (ADOZIONE)
ADOPTION. - This term designates the institution whose purpose is the transfer of an individual from one kinship group to another, through… -
Advocate (AVVOCATO)
ADVOCATE. - I. CANON LAW. - Assistance in trials undertaken in Rome by patrons on behalf of their clients was initially an aristocratic and… -
Affiliation (AFFILIAZIONE)
AFFILIATION. - Under this name, various legal institutions have been called, in different eras and places. HISTORY OF LAW. - In the Middle… -
Affinity (AFFINITÀ)
AFFINITY. - With this word, derived from the Latin affinitas (as if to signify, according to Modestinus [fr. 4, § 10, D. 38, 10], the… -
Agapete (AGAPÈTE)
AGAPETE. - From the Greek ἀγαπηταί, "beloved." A popular term that in ancient times designated those virgins or widows consecrated to God… -
Albinaggio (Francis Aubaine, Middle English Escheat) (ALBINAGGIO (FRANC. AUBAINE, MEDIO INGLESE ESCHEAT))
ALBINAGGIO (Francis Aubaine, Middle English Escheat). - The right of a. or of albinato (perhaps from the Latin alibi natus, born elsewhere)… -
Alimony, Right to (ALIMENTI, DIRITTO AGLI)
ALIMONY, RIGHT TO. - The obligation to provide support to persons who are in a state of need, and particularly to those to whom one is… -
Alms (ELEMOSINA)
ALMS. - I. CONCEPT. - From the Greek ἐλεημοσάνη = compassion, it generally means any assistance given to one who is in need; it therefore… -
Amortization (AMMORTIZZAZIONE)
AMORTIZATION. - In current commercial language, this word has various meanings which agree in indicating the extinction, for the most part… -
Amplius
AMPLIUS. - The wording of the decisions of the Sacred Congregations (v. CONGREGAZIONI ROMANE; CURIA ROMANA) is generally drawn up in brief… -
Angustia Loci
ANGUSTIA LOCI. - It is one of the canonical grounds admitted for the granting of a dispensation from matrimonial impediments (especially… -
Annata
ANNATA. - What before the 14th century was called fructus primi temporis, annalia, annualia, was later called a.: a word which in its… -
Apertio Oris (APERITIO ORIS)
APERTIO ORIS. - An expression in use at the Roman Curia, with a twofold meaning. It means first of all the procedure required for a measure… -
Apostasy (ABIURA)
APOSTASY. - Retraction of error in matters of faith. In classical Latin and in late Latinity (cf. Du Cange, Glossarium mediae et infimae… -
Appeal (APPELLO)
APPEAL. - In its broadest meaning this word can designate any complaint brought against a measure of authority by one who claims to be… -
Appeal (RICORSO)
APPEAL. - The term is used in the various legal systems with different meanings, which can, however, be summed up in a single one, namely… -
Arbitration (ARBITRATO)
ARBITRATION. - 1. NOTION. - By a. is meant the procedure by which a legal dispute is resolved in a binding manner by one or more persons to… -
Archpriest (ARCIPRETE)
ARCHPRIEST. - This term is commonly used to designate the priest who has the ordinary care of souls; technically it means the parish priest… -
Arms, Prohibition of (ARMI, DIVIETO DI)
ARMS, Prohibition of. - The CIC (can. 138), reproducing a norm that, with few substantial variations, has been in force in the Church since… -
Assassination Attempt (ATTENTATO)
ASSASSINATION ATTEMPT. - In the broadest sense of the word, it is any violent act directed against another's right. When its object is a… -
Assessor (ASSESSORE)
ASSESSOR. - He is the one who advises and assists the judge in the study and determination of a case. According to the Roman law of the… -
Asylum, Right of (ASILO, DIRITTO DI)
ASYLUM, Right of. - It is the right of immunity acquired by one who, guilty or in conflict with the authority that administers justice,… -
Attempted Crime (TENTATIVO DI DELITTO)
ATTEMPTED CRIME. - The notion of attempt (conatus) was outlined by the Italian jurists of the Middle Ages, who correctly recognized its… -
Audientia Sanctissimi
AUDIENTIA SANCTISSIMI. - When a grace, faculty, dispensation, etc., is requested from a Congregation or other dicastery of the Roman Curia,… -
Authentication (AUTENTICAZIONE)
AUTHENTICATION. - It is the attribution to a document, a writing or another object of the force of constituting public proof and providing… -
Bankruptcy (FALLIMENTO)
BANKRUPTCY. - By this name (from Lat. fallere = to fail), one denotes the act of him who, unable to satisfy all his debts, makes the ces-… -
Banns of Marriage (PUBBLICAZIONI MATRIMONIALI)
BANNS OF MARRIAGE. - They are the means by which the Church intends that the intention of two of the faithful to contract the bond of… -
Barbarian Laws (LEGGI BARBARICHE)
BARBARIAN LAWS. - By "barbaric laws" in the strict sense, therefore excluding the Romano-barbaric ones (v.), are meant those laws (also… -
Bench In Church (BANCO IN CHIESA)
PEW IN CHURCH. - It seems that in the early days of Christianity the faithful, at least in the West, listened to the sermon standing, a… -
Beneficial Exchange (PERMUTA BENEFICIARIA)
BENEFICIAL EXCHANGE. - It is a bilateral juridical transaction that takes place between the two beneficiaries concerned, with the… -
Benepiacitum Apostolicum (BENEPLACITUM APOSTOLICUM)
BENEPIACITUM APOSTOLICUM. - The consent or approval of the Holy See, called b. a., is required for the validity of certain acts that are… -
Bigamy (BIGAMIA)
BIGAMY. - I. GENERAL NOTIONS. - Under this name (etymologically: "double marriage") are indicated, in theology and in canon law, various… -
Bination (BINAZIONE)
BINATION. - It is the celebration of two Masses on the same day by the same priest. I. HISTORICAL NOTES. - In instituting the Holy… -
Blasphemy (BESTEMMIA)
BLASPHEMY. - Etymologically, b. (from βλάστιο = to harm and φήμη = voice) means "injurious word." In Sacred Scripture this term designates… -
Buying and Selling (COMPRAVENDITA)
BUYING AND SELLING. - Sale, or c., is the contract by which one person (the seller) transfers ownership of a thing or another right to… -
Canon (CANONE)
CANON. - I. LAW. - The term canon comes from the Greek κανών, which in its proper and primitive sense meant reed, straight rod, a measuring… -
Canon (CANONICO)
CANON. - 1. For the origin of the term and the vicissitudes of the institutions in the first millennium, v. CANONS REGULAR OF ST.… -
Canonical Mission (Missio Canonica) (MISSIONE CANONICA (MISSIO CANONICA))
CANONICAL MISSION (Missio Canonica). - It is the faculty given to the lower ministers of the hierarchy for preaching and for the exercise… -
Canonical Provision (PROVVISTA CANONICA)
CANONICAL PROVISION. - It is the act by which the competent ecclesiastical authority grants an ecclesiastical office in accordance with the… -
Canonical Visitation (VISITA CANONICA)
CANONICAL VISITATION. - On the basis of current canon law - which is the fruit of the numerous norms promulgated previously by the Roman… -
Canonization (CANONIZZAZIONE)
CANONIZATION. - Canonization is a definitive act or sentence by which the Supreme Pontiff decrees that a servant of God, already numbered… -
Canons And Censuses (CANONI E CENSI)
CANONS AND CENSUSES. - I. CANONI. - Thus were called in the intermediate age the periodic payments generally owed as pensio or fitto, in… -
Capitulare (CAPITOLARE)
CAPITULARE. - This is the technical term for those juridical provisions which, articulated into capitula, had their particular… -
Capitulation (CAPITOLAZIONE)
CAPITULATION. - In international law this name designates two completely different institutions: 1) a capitulation is a military agreement… -
Cardinal Protector (PROTETTORE CARDINALE)
CARDINAL PROTECTOR. - He is the cardinal who, at the request of a religious society, is designated by the Roman Pontiff as helper,… -
Catholic Associations (ASSOCIAZIONI CATTOLICHE)
CATHOLIC ASSOCIATIONS. - Under this name, certainly a very generic one, one may include all societies of the faithful having a purpose… -
Cattedratico
CATTEDRATICO. - It is a tribute that all churches (including public oratories) and benefices subject to the jurisdiction of the bishop, as… -
Célebrét (CELEBRET)
CÉLEBRÉT. - Certificate issued by the competent ecclesiastical authority, attesting that a priest may celebrate Mass. It states the… -
Censorship (CENSURA)
CENSORSHIP. - The word censorship, from censor, the Roman magistrate charged with keeping the censuses of citizens up to date, and later… -
Chaplain (CAPPELLANO)
CHAPLAIN. - In a generic sense the term is often used to indicate the priest to whom is entrusted the office of a chapel or oratory without… -
Citation (CITAZIONE)
CITATION. - Citation, in the canonical process, is, unlike what normally happens in civil procedural systems (where it is often one party… -
Civil Marriage (MATRIMONIO CIVILE)
CIVIL MARRIAGE. - 1. Notion and different kinds. - Civil marriage is that contracted before the civil official and according to the civil… -
Clause (CLAUSOLA)
CLAUSE. - The term c. (from Latin claudo) means generically final part and specifically the concise conclusion of a discourse. IN LAW. —… -
Clausure (CLAUSURA)
CLAUSURE. - The name c., from the Latin claudere (to close), has two correlative meanings in the law of religious. It is commonly used to… -
Clergy, Clerics (CLERO, CHIERICI)
CLERGY, CLERICS. - By divine right the members of the Church are divided into the two categories of clerics and laity. To the former belong… -
Coadjutor (COADIUTORE)
COADJUTOR. - A coadiutore is the holder of a coadiutoria, that is, the cleric whose task it is to assist or supply for a beneficed person… -
Coercion and Coercibility (COAZIONE E COERCIBILITÀ)
COERCION AND COERCIBILITY. - The generic and common concept of coazione (coercion) is the opposite of spontaneity, and indicates what is… -
Coexistence (COABITAZIONE)
COEXISTENCE. - From the earliest centuries the Church forbade the cohabitation of clerics with women, unless they were close relatives or… -
Cognation (COGNAZIONE)
COGNATION. - In Roman law this name indicated, as opposed to agnation (v.), the tie existing between persons descended from the same stock,… -
Collation (COLLAZIONE)
COLLATION. - In ecclesiastical language, especially legal language, this term indicates primarily the second stage of the provision of an… -
Commendation (COMMENDA)
COMMENDATION. - From the letters of Gregory the Great it appears that sometimes, for the needs of the Church, the pope entrusted to a… -
Common Life (VITA COMUNE)
COMMON LIFE. - In canonistic language it has a twofold meaning. It can indicate: 1) living together under the same roof with mutual… -
Complaint (QUERELA)
COMPLAINT. - A name designating, also in canon law, procedural institutions aimed at achieving different objectives. Of these institutions,… -
Computation of Time (TEMPO, COMPUTO DEL)
COMPUTATION OF TIME. - De temporis supputatione is a title, unknown in ancient canon law, introduced among the Normae generales of the CIC… -
Conclusio in Causa
CONCLUSIO IN CAUSA. - According to the CIC, the c. in c. is nothing other than the termination of the instructional or probative period of… -
Condition (In Legal Acts) (CONDIZIONE (NEGLI ATTI GIURIDICI))
CONDITION (IN LEGAL ACTS). - By the word c. two different categories of legal figures are designated. By c. are meant both the… -
Condonation (CONDONAZIONE)
CONDONATION. - It is the indult or act of grace by which the Supreme Pontiff, availing himself of his supreme power of jurisdiction,… -
Conferences (CONFERENZE)
CONFERENCES. - Besides councils, general and particular, and diocesan synods properly so called, public and official assemblies par… -
Confession (Means of Proof) (CONFESSIONE (MEZZO DI PROVA))
CONFESSION (MEANS OF PROOF). - Confession, as a means of proof, is distinguished in canon law into judicial confession and extrajudicial… -
Congrua
CONGRUA. - With the name c., or portio congrua, canonists customarily designate that amount of income which is considered necessary for the… -
Conservatore, Judge (CONSERVATORE, GIUDICE)
CONSERVATORE, JUDGE. - Name given to a particular category of delegated judges, which the supreme pontiff was accustomed to grant to moral… -
Contestation of the Suit (CONTESTAZIONE DELLA LITE)
CONTESTATION OF THE SUIT. - The c. of the s., even in the canonical process, is one of the most salient moments of the trial, inasmuch as… -
Contract (CONTRATTO)
CONTRACT. - By legal definition the contract is the agreement of two or more parties to constitute, regulate or dissolve between them a… -
Contractualism (CONTRATTUALISMO)
CONTRACTUALISM. - The doctrine that places the foundation of society and the State in a contract has very ancient origins, being already… -
Contumacy (CONTUMACIA)
CONTUMACY. - There is contumacy in a trial whenever one of the parties, contravening the obligation to appear, remains absent and therefore… -
Convalidation (CONVALIDAZIONE)
CONVALIDATION. - I. GENERAL NOTIONS. - It is a fact subsequent to a voidable juridical act, by which the latter loses that quality of its… -
Correction of Sentences (CORREZIONE DELLE SENTENZE)
CORRECTION OF SENTENCES. - The c. of s. [correction of sentences] is that special procedure offered by law to emend a sentence vitiated by… -
Council of State (CONSIGLIO DI STATO)
COUNCIL OF STATE. - The C. of S., which passed from the legislation of the Kingdom of Piedmont (itself an imitator of Napoleonic… -
Crime (DELITTO)
CRIME. - I. GENERAL NOTIONS. - In canon law, d. is defined by the CIC: "the external and morally imputable violation of a law for which a… -
Cults Permitted (CULTI AMMESSI)
CULTS PERMITTED. - Under this designation, Italian legislation from June 1929 until 1943 (and exceptionally even later: cf. decree-laws of… -
Cura Animarum (CURA D'ANIME)
CURA ANIMARUM. - I. CANON LAW. - In a broad sense, care of souls expresses the whole body of rights and duties that belong ex officio to… -
Curate (CURATO)
CURATE. - The term (from the Latin curatus) generally denotes a priest holding a sacred office having the care of souls. It appears in the… -
Curia
CURIA. - This term, used at first to indicate one of the divisions of the Roman people, came also to mean the seat of the Roman senate, and… -
Cursor (CURSORE)
CURSOR. - This term is already found in use among the Romans to indicate persons charged, above all by the public authority, with carrying… -
Custom (CONSUETUDINE)
CUSTOM. - C. (consuetudo) can indicate either the continuous repetition of uniform acts on the part of a community (similium alicuius… -
Dean (DECANO)
DEAN. — A title borrowed from the last division of the Roman legion (decanus was the name given to the commander of 10 soldiers) and then… -
Decree (DECRETO)
DECREE. - It is the particular form that the written orders and measures of the constituted power assume on given occasions. Decrees are as… -
Decretalists (DECRETALISTI)
DECRETALISTS. - This term is customarily used to designate the canonists who concerned themselves with the abundant legislative material… -
Decretists (DECRETISTI)
DECRETISTS. - The dissemination of the Decretum Gratiani (v. CORPUS IURIS CANONICI), which quickly entered practical use and was widely… -
Defensor of the Bond (DIFENSORE DEL VINCOLO)
DEFENDER OF THE BOND. - The office of the d. of the b., together with that of the promoter of justice, who intervenes in contentious and… -
Definitor (DEFINITORE)
DEFINITOR. - In certain religious orders (among them now the Cistercians, the Friars Minor, the Capuchins, the Third Order Regular of St.… -
Degradation (DEGRADAZIONE)
DEGRADATION. - Etymologically the privation of a rank or demotion to a lower rank, in canon law it is the most serious of the vindictive… -
Delegate Vicar (VICARIO DELEGATO)
DELEGATE VICAR. - Apostolic vicars, by the nature of their ecclesiastical jurisdiction, did not have the power to appoint a vicar general… -
Denunciation (DENUNCIA)
DENUNCIATION. - In legal language it indicates various acts, which generally consist in reporting some fact to an authority. Used without… -
Deportation (DEPORTAZIONE)
DEPORTATION. - It is a penalty of the Roman imperial period, consisting in forced residence on an island or in an oasis, which, according… -
Deposit (DEPOSITO)
DEPOSIT. - From Latin depositus (deponere), that is "deposited"; then "act of depositing". It is the contract by which a thing in peaceful… -
Deposition (DEPOSIZIONE)
DEPOSITION. - It is one of the most serious ecclesiastical penalties that can be inflicted on a cleric, though less severe than reduction… -
Desservants
DESSERVANTS. - A designation exclusively proper to French ecclesiastical law, which finds no counterpart in official canonical terminology.… -
Dignity (DIGNITÀ)
DIGNITY. - In a generic sense, dignities are ecclesiastical offices with attached jurisdiction and precedence of honor. In a strict and… -
Diocesan Consultors (CONSULTORI DIOCESANI)
DIOCESAN CONSULTORS. - It is a college of secular priests which, in dioceses where the cathedral Chapter (v.) cannot be established or… -
Diocese (DIOCESI)
DIOCESE. - In the ecclesiastical order it is that territory, well defined in its extent and in its boundaries, which is governed by a… -
Dismission (DIMISSIONE)
DISMISSION. - A word used in various meanings in ecclesiastical legal terminology. The main meanings currently in use are the following: a)… -
Disreputable Arts (ARTI INDECOROSE)
DISREPUTABLE ARTS. - This is the name given, in the CIC (can. 138), to those professions or trades whose exercise is expressly forbidden to… -
Dissimulation (DISSIMULAZIONE)
DISSIMULATION. - In canon law it means the attitude of a superior who, though aware of a transgression of the law, pretends not to know of… -
Domicile and Quasi-Domicile (DOMICILIO E QUASI-DOMICILIO)
DOMICILE AND QUASI-DOMICILE. - I. D. - Domicile is the place where a member of the faithful has his or her stable residence, acquired… -
Dowry (DOTE)
DOWRY. - In its original and most common meaning it is the aggregate of goods that a woman brings to her husband to support the burdens of… -
Duel (DUELLO)
DUEL. - The d. (duellum = bellum, according to the meaning of the ancient sources, combat in general or single combat) is today the name… -
Ecclesiastical Benefice (BENEFICIO ECCLESIASTICO)
ECCLESIASTICAL BENEFICE. - In the CIC the ecclesiastical benefice is defined as: "a juridical entity constituted or erected in perpetuity… -
Ecclesiastical Burial (SEPOLTURA ECCLESIASTICA)
ECCLESIASTICAL BURIAL. - Ecclesiastical burial consists of the following three elements: the removal of the body in order to associate it… -
Ecclesiastical Circumscriptions (CIRCOSCRIZIONI ECCLESIASTICHE)
ECCLESIASTICAL CIRCUMSCRIPTIONS. - Almost from the very beginnings of the Church, out of the necessity of dividing the work, the competence… -
Ecclesiastical Garment (ABITO ECCLESIASTICO)
ECCLESIASTICAL GARMENT. - The garment ordinarily worn by the secular and regular clergy; to be distinguished from liturgical vestments… -
Ecclesiastical Hierarchy (GERARCHIA ECCLESIASTICA)
ECCLESIASTICAL HIERARCHY. - It is the aggregate of persons who participate in the power of the Church. Hierarchy is a Greek word (ἰερὰ… -
Ecclesiastical Letters (LETTERE ECCLESIASTICHE)
ECCLESIASTICAL LETTERS. - They are public documents by reason of their destination and of the authority from which they emanate, whose… -
Ecclesiastical Office (UFFICIO ECCLESIASTICO)
ECCLESIASTICAL OFFICE. - It is, in general, any stable task carried out for a spiritual purpose, such as the spiritual director of… -
Ecclesiastical Province (PROVINCIA ECCLESIASTICA)
ECCLESIASTICAL PROVINCE. - It is the union of several dioceses - called, in this case, comprovincial or suffragan - into a single… -
Embezzlement (APPROPRIAZIONE INDEBITA)
EMBEZZLEMENT. - It is a crime against property, for which anyone is liable who, in order to procure for himself or others an unjust profit,… -
Emotion (AMOZIONE)
EMOTION. - L'a. o rimozione o più spesso privazione (ma in genere quest'ultimo termine è usato quando si tratti di sanzione penale) è la… -
Enrollment (INGROSSAZIONE)
ENROLLMENT. - It is the right by which, through compensation in land and money, during the communal age, a private individual could rectify… -
Episcopal Mensa (MENSA VESCOVILE)
EPISCOPAL MENSA. - It is the complex of ecclesiastical goods destined for the support of the bishop (archbishops, primates, prelates… -
Equity (EQUITÀ)
EQUITY. - One cannot speak of e. without referring back to the classical Aristotelian theory contained in the Nicomachean Ethics and the… -
Examiner (ESAMINATORE)
EXAMINER. - Among the various consultative bodies established by canon law in every episcopal curia for the purpose of assisting the… -
Exarch (ESARCA)
EXARCH. - In classical antiquity, "e." meant the director of the chorus or the president of a college of priests. In the Eastern Empire the… -
Exception (ECCEZIONE)
EXCEPTION. - The term e. has several meanings in procedural law. > (phot. Anderna) "ECCE HOMO" - Painting by a Flemish artist of the first… -
Excommunication (SCOMUNICA)
EXCOMMUNICATION. - In current canon law it is the censure (v.) by which a baptized person is excluded from the communion of the faithful.… -
Exemption (ESENZIONE)
EXEMPTION. - In canon law the term e. from its rudimentary etymological meaning (ex emere: to take away, to free from...) has come to… -
Extortion (ESTORSIONE)
EXTORTION. - In modern criminal law, this is the name given to the crime of a person who, by means of violence or threat, compelling… -
Fabrica and Fabbriceria (FABBRICA E FABBRICERIA)
FABRICA AND FABBRICERIA. - In canon law, "fabbrica" means the church or sacred building in its material structure, and thus the temple and… -
False (FALSO)
FALSE. - I. F. IN GENERE. - Falsehood (Latin: falsum) in the broadest sense indicates any alteration of the truth. This alteration can be… -
Feriae in Iudiciis
FERIAE IN IUDICIIS. - On certain days of the year, procedural acts cannot be performed. These dies feriati or feriae are divided: 1) into… -
Fortuitous Case (CASO FORTUITO)
FORTUITOUS CASE. - It is the occurrence of something unforeseen and unforeseeable by the acting subject. The notion of the fortuitous is… -
Founder (of Religious Order or Congregation) (FONDATORE (DI ORDINE O CONGREGAZIONE RELIGIOSA))
FOUNDER (of Religious Order or Congregation). - He is the one who establishes the specific purpose of the Order; on the other hand, one who… -
Fraud (FRODE)
FRAUD. - I. NOTION. - The word fraud (from fraus, deceit, cunning, malice) generally means any artifice or trick capable of leading others… -
Fraud (TRUFFA)
FRAUD. - Under art. 640 of the Italian Penal Code, "whoever, by artifices or deceits, inducing someone into error, procures for himself or… -
Fruits (FRUTTI)
FRUITS. - The juridical concept of fruits is much broader than the natural and common concept. Juridically, fruits are everything that a… -
Fund for Worship and Fund for Religion and Charity for the City of Rome (FONDO PER IL CULTO E FONDO DI RELIGIONE E DI BENEFICENZA PER LA CITTÀ DI ROMA)
FUND FOR CULT AND FUND FOR RELIGION AND CHARITY FOR THE CITY OF ROME. - The expression has precedents in Austrian legislation; in fact, in… -
Glossa
GLOSSA. - Literal explanation of a term or a phrase, from the Greek γλῶσσα "tongue", hence also "dialect, idiom, manner or word that is… -
Golden Bull (BULLA AUREA)
GOLDEN BULL. - Also called "Carolina" after the name of its author, it is the constitution published by Emperor Charles IV in 1356 and… -
Guardianship, Guardian (CURATELA, CURATORE)
GUARDIANSHIP, GUARDIAN. - Apart from the meaning (now largely obsolete) of the term curator to indicate certain persons placed in charge of… -
Holy See (SANTA SEDE)
HOLY SEE. - The Catholic Church is a societas iuridice perfecta, that is, a primary juridical order, and as such it naturally has inherent… -
Homicide (OMICIDIO)
HOMICIDE. - From the Latin homicidium, it is, in general, the killing of a man. However, not every killing constitutes h.; in ordinary… -
Imprimatur
IMPRIMATUR. - "Let it be printed": this is the formula by which the local Ordinary or the competent dicastery of the Roman Curia grants… -
Inability (INABILITÀ)
INABILITY. - Impediment to validly performing certain determined acts. To protect the common good of society, whether civil or religious,… -
Inamovibility (INAMOVIBILITÀ)
INAMOVIBILITY. - It is a quality inherent in certain ecclesiastical benefices, by virtue of which the holder is invested in them in… -
Incardination (INCARDINAZIONE)
INCARDINATION. - The canonical order presupposes and requires that every cleric be enrolled in a diocese or a religious order, and in no… -
Incerti
INCERTI. - A term commonly used to designate those payments intended to procure a dignified sustenance for those who are placed in charge… -
Incitement to Crime (ISTIGAZIONE AL DELITTO)
INCITEMENT TO CRIME. - It is a specific form of the concurrence of several persons in a crime, more precisely a form of moral concurrence… -
Incompatibility of Benefices (INCOMPATIBILITÀ DEI BENEFICI)
Incompatibility of benefices. - According to can. 1439, several incompatible benefices cannot be accepted and held in title or in perpetual… -
Incorporation of Benefices (INCORPORAZIONE DEI BENEFICI)
INCORPORATION OF BENEFICES. - It is one of the possible innovations in benefices and properly consists in the union, called minus… -
Index of Prohibited Books (INDICE DEI LIBRI PROIBITI)
INDEX OF FORBIDDEN BOOKS. - By the expression "forbidden books" are designated the books whose reading is forbidden to the faithful by… -
Indult (INDULTO)
INDULT. - According to its etymological meaning (from indulgere) it designates any concession, permission or favor. In modern civil law the… -
Infamy (INFAMIA)
INFAMY. - It may indicate: bad reputation, vituperation, notoriety of shame, wickedness. (V. FAMA). Here we intend to speak of a particular… -
Inhibition (INIBIZIONE)
INHIBITION. - From the Latin verb inhibere, to hold back, to restrain. Among jurists it preserved its etymological meaning, and was used to… -
In Partibus Infidelium
«IN PARTIBUS INFIDELIUM». - Until 1882 those bishops were called "episcopi i. p. i." or simply "in partibus" who, though duly nominated and… -
In Pectore
IN PECTORE. - The reservatio i. p. is a special form of election to the cardinalitial dignity, different from the ordinary one, which… -
Inquisition (PERQUISIZIONE)
INQUISITION. - It is a search that may be carried out coercively in order to secure for the trial material elements of evidence or to… -
Inspection (Corporal, Real, and Local) (ISPEZIONE (CORPORALE, REALE E LOCALE))
INSPECTION (Corporal, Real, and Local). - Recognition and access are two means of proof offered to the judge in order to give him the… -
Installation (ISTALLAZIONE)
INSTALLATION. - Installation (a term used alongside inthronisatio for bishops and the supreme pontiff) is the putting into possession of a… -
Instance (ISTANZA)
INSTANCE. - This term is used in procedural law with two different meanings. I., even outside canonistic language, in fact indicates any… -
Insurance (ASSICURAZIONE)
INSURANCE. - The contract of insurance (whose first examples date back to the late Middle Ages for maritime insurance, and to the 16th… -
Insurgence (INSORDESCENZA)
INSURGENCE. - In ecclesiastical legal language, it is the fully willed and pertinacious persistence in excommunication for one year,… -
Intercessio
INTERCESSIO. - In Roman public law the i. begins with the founding of the Republic, and at first means the right of one of the consuls to… -
Interdict (INTERDETTO)
INTERDICT. - It is the canonical penalty that deprives the faithful of the sacred rites and renders them incapable of the use of certain… -
Interdictio Aqua Et Igni
INTERDICTIO AQUA ET IGNI. - A Roman capital penalty, inflicted, from the last century of the Republic onward, by the tribunals called… -
Interest and Right (INTERESSE E DIRITTO)
INTEREST AND RIGHT. - Interest is one of the components of the notion of right. Considered in itself, it exists even apart from right; but… -
Interim
INTERIM. — A Latin term denoting the space of time elapsing between one event and another, and which, used specifically in the terminology… -
Interpolations (INTERPOLAZIONI)
INTERPOLATIONS. - Alterations introduced into a transmitted text. In Romanist scholarship, interpolations are the modifications made in… -
Interstices (INTERSTIZI)
INTERSTICES. - Intervals of time established by the Church between the Orders, for the testing and formation of clerics and the exercise of… -
Intervention in a Cause (INTERVENTO IN CAUSA)
INTERVENTION IN A CAUSE. - It is the entry into the procedural relationship of a third party who was extraneous to it at the moment when it… -
Intrusion (INTRUSIONE)
INTRUSION. - Intrusion, in the strict sense, occurs when the provision of a benefice is made, at least at the act of collation, not by the… -
ipso facto e ipso iure
IPSO FACTO e IPSO IURE. - These two formulas are equivalent in meaning, and their use is found especially in penal matters: precisely to… -
Jubilee, Indulgence of (GIUBILAZIONE, INDULTO DI)
JUBILEE, INDULGENCE. — It is the pontifical indult by which the prebendaries and beneficiaries of a Chapter acquire exemption from the… -
Judge (GIUDICE)
JUDGE. - By judge in the strict sense is meant a person (single judge) or a body of persons (collegiate judge) called to decide a case by… -
Jurisdiction (GIURISDIZIONE)
JURISDICTION. - Iurisdictio (from ius and dicere), indicates, in Roman legal sources, the activity of one who administers justice. SUMMARY:… -
Jurisprudence (GIURISPRUDENZA)
JURISPRUDENCE. - From the Latin iurisprudentia, it means expertise in law, an expertise that is at once theoretical science and practical… -
Just Cause (CAUSA GIUSTA)
JUST CAUSE. - It is that reasonable and proportionate motive which leads the ecclesiastical authority to take some measure and in… -
Labor Contract (CONTRATTO DI LAVORO)
LABOR CONTRACT. - In ancient Roman society, in which manual services were performed by slaves (operae illiberales), regarded as res, the… -
Laity (LAICI)
LAITY. - In opposition to clerics (v. CLERO), this term is used in the CIC to designate baptized persons who hold no rank in the… -
Laurea
LAUREA. - It is the degree that is obtained after attending the courses of a university faculty and passing the respective examinations by… -
Law (LEGGE)
LAW. - In general it indicates the "constant form" that the becoming of both physical phenomena (physical law) and human actions (moral and… -
Law of Citations (LEGGE DELLE CITAZIONI)
LAW OF CITATIONS. - Name by which part of a constitution issued at Ravenna in 426 by Valentinian III is designated, a constitution that, as… -
Lease, Contract of (LOCAZIONE, CONTRATTO DI)
LEASE, CONTRACT OF. — Three kinds of locatio are distinguished: locatio of things, locatio of works, and locatio of work. Breaking away… -
Legal Aid (PATROCINIO GRATUITO)
LEGAL AID. - It is the exemption from judicial expenses in favor of the poor, who are unable to bear the costs of a trial. The text of can.… -
Legal Formulas (FORMOLE GIURIDICHE)
LEGAL FORMULAS. - They are specific sets of words that reproduce as a whole an equal number of norms or models for forensic or… -
Legal Transaction (NEGOZIO GIURIDICO)
LEGAL TRANSACTION. - It is commonly defined as a private manifestation of will directed toward a practical purpose (the constitution,… -
Legations (LEGAZIONI)
LEGATIONS. - The supreme pontiff Clement XI (1701-21), in the reorganization of the State, which he provided for despite the very grave… -
Legitimacy (LEGITTIMITÀ)
LEGITIMACY. - It is, in general, conformity with the nature of things, with law, with the law. I. CONCEPT. - The term legitimate (from…